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International Traffic in Arms Regulations (ITAR)
The ITAR is administered by the Directorate of Defense Trade Controls (DDTC) within the State Department to regulate export
and import of defense products found on the United States Munitions List (USML). There are three subcomponents of the USML:
defense articles, defense services, and related technical data. All manufacturers, exporters, and brokers that fall within
one of the three subcomponents must be ITAR compliant.
Defense articles
Firearms, close assault weapons, and combat Fire control, laser, imaging, and
shotguns guidance equipment
Guns and armament Materials and miscellaneous articles
Ammunition/ordnance Toxicological agents, including chemical agents,
Launch vehicles, guided missiles, ballistic missiles, biological agents, and associated equipment
rockets, torpedoes, bombs, and mines Spacecraft and related articles
Explosives and energetic materials, propellants, Nuclear weapons related articles
incendiary agents, and their constituents Classified articles, technical data, and defense
Surface vessels of war and special naval services not otherwise enumerated
equipment Directed energy weapons
Ground vehicles Gas turbine engines and associated equipment
Aircraft and related articles Submersible vessels and related articles
Military training equipment and training Articles, technical data, and defense services not
Personal protective equipment otherwise enumerated
Military electronics
Defense Services
Providing assistance, including training, to foreign persons on anything related to defense articles. This includes design,
development, manufacturing, maintenance, etc.
Providing foreign persons with controlled related technical data.
Military training of foreign units and forces.
Related Technical Data
Information other than software for the design, development, manufacturing, assembly, operation, repair, testing,
maintenance, or modification of defense articles. This includes blueprints, drawings, documentation, and more.
Classified information about the defense articles and defense services.
Software directly related to defense articles.
In order to comply, a company must submit a Statement of Registration and submit an application of export or temporary import
licenses. Failure to obtain the required license or other written approval from the DDTC is a violation of the ITAR and may result
in monetary fines and/or incarceration.
Export Administration Regulations (EAR):
As with ITAR, EAR also seeks to prevent unauthorized export of controlled items to foreign persons. EAR is administered by the
U.S. Department of Commerce, Bureau of Industry and Security (BIS) to regulate commercial and dual-use items and technology
found on the Commerce Control List (CCL) to include 10 different categories and 5 product groups. To comply with BIS, a license
is required based upon the classification of a company’s item through the CCL.
Foreign Sales:
There are 2 ways product sales can be made to foreign governments - government to government sales under the Foreign
Military Sales program or Direct Commercial Sales (if product is not available for general commercial sales).
Resources
SBIR ITAR tutorial: https://www.sbir.gov/tutorials/itar/tutorial-1
DDTC ITAR and Export Controls: https://deccs.pmddtc.state.gov/ddtc_public?id=ddtc_public_portal_itar_landing
DDTC Response Team: deccspmddtc@midatl.service-now.com, issues regarding functionality of forms, data processing, and regulations.
DDTC staff members with phone numbers: https://www.pmddtc.state.gov/ddtc_public?id=ddtc_public_portal_homepage
USML: https://www.ecfr.gov/cgi-bin/retrieveECFR?gp=&SID=70e390c181ea17f847fa696c47e3140a&mc=true&r=PART&n=pt22.1.121
State Department Foreign Military Sales: https://www.state.gov/u-s-arms-sales-and-defense-trade/
U.S. DOC/BIS-EAR: https://www.bis.doc.gov/index.php/regulations/export-administration-regulations-ear
Commerce Control List: https://www.bis.doc.gov/index.php/documents/regulations-docs/2329-commerce-control-list-index-3/file
BIS contact/seminar and workshop list: https://www.bis.doc.gov/index.php/about-bis/contact-bis
The information contained in this document was developed for use by DARPA SBIR/STTR awardees and does not represent the official views
or policies of the Department of Defense or the U.S. Government. Approved for Public Release, Distribution Unlimited 11/30/20
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